[HISTORY: Adopted by the Town Board of the Town of Catskill 10-3-2023 by L.L. No. 4-2023. Amendments noted where applicable.]
To preserve property values and aesthetic resources of the Town,
the Town has determined that regulation of shipping containers, and
other like structures used for temporary or permanent storage is appropriate.
It is the intention of the Town Board to maintain a clean, wholesome
and attractive community and to guard against the creation of nuisances
and conditions that may: A) endanger the health, safety and welfare
of the residents; B) reduce the value of properties; C) interfere
with the use and enjoyment of adjoining properties; and D) interfere
with the well-being of the public. The Board finds that from time
to time containers are needed by the citizens of the Town for various
reasons, including but not limited to construction or storage of personal
belongings. Nevertheless, the presence of containers can have a negative
impact on health, safety, and welfare of the citizens of the Town.
This chapter is intended to minimize the adverse effects that containers
may have by regulating the amount of time and location where they
may be parked, or stored, on properties in certain zoning districts.
The purpose of this chapter is to protect the public health, safety,
and welfare of the residents and aesthetic resources, and the general
welfare of the Town and its residents. The Town finds that regulation
of shipping containers is in the best interest of the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
A storage container that is an accessory use for which a container permit has been issued in accordance with Chapter 132A.
Property located in an agricultural district, as defined
by New York State Agriculture & Markets Law, and being actively
farmed or used for agriculture within the last 18 months.
A permit issued by the Building Inspector authorizing the
use of a shipping container, portable site storage container, or accessory
storage container.
A container, usually made of plastic, used for the temporary
storage and/or transport of household or office furnishings and accessories.
A standardized reusable vessel, which is usually made of
steel, that was: i) originally designed for or used in the packing,
shipping, movement or transportation of freight, articles, goods,
or commodities; and/or ii) originally designed for or capable of being
mounted or moved by rail, truck or ship by means of being mounted
on a chassis or similar transport device. "Transport containers" and
"portable site storage containers" having a similar appearance to
and similar characteristics of shipping containers shall be included
in the definition of "shipping containers."
A.
The following are the rules governing the use of shipping containers,
portable site storage containers, and pods.
(1)
Moving/temporary storage. Portable site storage containers and "pods"
(not shipping containers) are permitted in any zoning district for
a sixty-day period for use during moving or temporary storage. No
permit is required.
(2)
Construction site. Shipping containers, construction trailers, and
portable site storage containers are permitted for a period of up
to 180 days (six months) during active construction provided a building
permit has been issued for the property. An extension of the 180-day
period may be obtained upon application to the Planning Board. Building
permit required; no shipping container permit required.
(3)
Use of shipping containers in Industrial, General Commercial, And
Highway Commercial permitted upon issuance of container permit. A
container permit may be obtained from the Building Inspector for the
use of a shipping container on any lot located in the Industrial,
General Commercial or Highway Commercial Zoning Districts, except
in the instance of a new commercial use which needs to comply with
site plan review and all other provisions of this Code.
(4)
Long-term use of shipping containers on lots that are rural/agricultural.
Use of a shipping container for a period in excess of 60 days on lots
in Rural Agricultural Zone requires a permit from Code Enforcement,
except for use on agricultural property.
(5)
Agricultural uses/no permit required. No permit is required for use
of shipping containers for agricultural uses on agricultural property,
as that term is defined in this chapter.
(6)
Existing shipping containers grandfathered. Shipping containers in
use as of the effective date of this chapter are "grandfathered."
(7)
Shipping container prohibited in MR, HR, and C Districts; use of
portable site storage containers or pods permitted in those districts.
No shipping containers are permitted in the following zoning districts:
Moderate Density Residential (MR), High Density Residential (HR),
and Conservation (C) except that pods, or temporary site storage containers,
are permitted in those zoning districts for up to 60 days for moving
and temporary storage and up to 180 days for construction.
B.
Containers prohibited in certain zoning districts without a permit. Except as expressly permitted by the provisions of Chapter 132A, Shipping Containers, portable site storage containers and pods are not permitted to be used for storage or any other use.
C.
Temporary use of containers permitted without permit. The temporary
placement of portable site storage containers, or "pods," on a lot
in any zoning district for the limited purpose of temporary storage,
or loading and unloading for transport, of household or office furnishings/contents
shall be permitted for a period of time not exceeding 60 days.
D.
Containers permitted during construction upon issuance of building
permit. Construction contractors may, upon issuance of a building
permit, use shipping containers and/or portable site storage containers
for the temporary storage of equipment and/or materials during the
period the contractor is engaged in construction on the lot where
the shipping container and/or portable site storage container is located.
If construction ceases or is abandoned for a period of 30 days, the
shipping container and/or portable site storage container must be
removed from the property. In no event shall the shipping container
or portable site storage container remain on the premises for a period
longer than 180 days. Prior to the expiration of the 180-day period,
the owner or contractor may apply to the Planning Board for an extension,
and the Planning Board shall have the authority to grant a container
permit for a period not longer than 180 days.
E.
Use of shipping containers permitted with container permit.
(1)
A property owner who otherwise complies with all provisions of this
Code may apply for and obtain a container permit for long-term use
of a shipping container, without site plan review, provided the lot
in question is located in the General Commercial, Highway Commercial
or Industrial Zoning Districts.
(2)
The application for a container permit shall be accompanied by the
following:
(a)
Three copies of a detailed plan (handwritten sketch plans are
acceptable) showing the proposed location of the shipping container,
including, but not limited to, property lines and other structures
on the property.
(b)
Details regarding the shipping container, including, but not
limited to, height, width, length, floor area and color.
(c)
Description of method of screening, if any.
(d)
The plan shall show the proposed location of the shipping container
in relation to the property line setbacks.
(e)
Such other information as the Building Inspector may require
to adequately review an application.
(f)
Payment of the permit fee, which fee shall be established by
resolution of the Town Board.
(3)
The Building Inspector shall not issue a container permit if the
application does not demonstrate compliance with the following criteria
and standards:
(a)
The container shall not exceed 10 feet in height, and shall
be located in the side or rear yard.
(b)
Shipping containers shall not be placed or located in the front
yard of any lot. For a corner lot, yards adjoining each street shall
be considered a "front yard" for purposes of this section.
(c)
The container shall be set back: a) at least 20 feet (if no
adjoining residential property) from any side or rear lot line; b)
50 feet from a side or rear lot line adjacent to a residence or lot
in residential use; and c) at least 10 feet from the main building
(principal use) on the lot.
(d)
The container shall have a maximum of 450 square feet of floor
area.
(e)
If visible from any adjoining lot or any public road at any
time during the year, a shipping container shall be painted a uniform
color, and appropriately screened with either landscaping so as to
provide an opaque sight barrier at least equal to the height of the
container or by an opaque fence or similar barrier of equal height.
(f)
A firm base surface shall be provided for the cargo storage
container capable of sustaining the load of the cargo storage container
and its contents.
(g)
The siting of the cargo storage container shall not be placed
so as to negatively impact drainage on any adjacent lot by diversion
or impoundment of stormwater flows.
(i)
In no event shall the number of shipping containers or portable
site storage containers on any lot exceed: five in any Commercial
or Industrial Zoning District; provided, however, if the property
is zoned for General Commercial or Highway Commercial or Industrial
use but is being used as a residence, only one shipping container
may be permitted.
F.
No shipping containers are permitted in the following zoning districts:
Moderate Density Residential (MDR), High Density Residential (HR),
and Conservation (C).
G.
Exceptions. Nothing herein shall be construed to restrict the use
of shipping containers or portable site storage containers for:
(1)
Agricultural uses on agricultural property, provided the shipping
container is being used in support of an agricultural use on the property
in question;
(2)
Temporary placement of portable site storage containers or pads for
60 days or less (in any one calendar year) and for the limited purpose
of loading and unloading household furnishings, office furnishings
or commercial inventory, fixtures or equipment;
(3)
By the Town of Catskill transfer station;
(4)
For a natural disaster or emergency, including a fire, flood, sewer
storm. Notwithstanding this exception, any shipping container used
for more than 60 days for such natural disaster or emergency shall
require a permit or waiver by the Zoning Board of Appeals; and
(5)
Active military operation.
H.
Current violations/grandfathering. Any existing shipping container
or portable site container that is located on a property as of the
effective date of this chapter is "grandfathered."
I.
Presumptions. The placement of a shipping container or portable site
storage container without compliance with this chapter shall be prima
facie evidence of the violation of this chapter by the owner, tenant
or other occupant of the premises upon which such item(s) are located.
J.
Enforcement/penalties. The Code Enforcement Officer and Building
Inspector shall have the authority to enforce this chapter. A shipping
container that is not removed after notice and an opportunity to remedy
the violation shall be deemed to be an illegal structure and may be
removed by the Town of Catskill, which shall assess such fines, costs,
and expenses against the property on which the storage container is
located to be collected and enforced in the same manner as real property
taxes. A person who shall knowingly violate any of the applicable
provisions of this chapter or any lawful order, notice, directive,
of the Town of Catskill Code Enforcement Officer shall be subject
to a fine of $250 for each day during which there is a failure to
comply with the provisions of this chapter or any order issued by
the Code Enforcement Officer. The property owner shall be given written
notice, and 10 days to correct the violation, of any alleged violation
of the provisions of this chapter and notice that the container must
be removed. The cost of enforcement and removal may be assessed to
the property owner as a special ad valorem tax levy.
K.
Appeals. Appeals of any enforcement action or determination of the
Building Inspector shall be determined by the Zoning Board of Appeals
of the Town of Catskill.
